The special prosecutor investigating the death of a Chippewa County deputy says he will not file criminal charges in the case.

Washburn County District Attorney Mike Bitney says he looked at possibly charging Erica Kressin of Chippewa Falls with homicide by negligent use of a vehicle. Kressin hit and killed Deputy Jason Zunker on highway 53 in January while he was directing traffic.

Bitney met with Kressin last Thursday and with Zunker’s family on Friday. Monday night he met with the Chippewa County Sheriff's Department. Bitney says Kressin should have avoided the crash, but her actions were not criminal. He says the location of Zunker’s squad, the hill and curve in the road, and the fact that the crash happened at night contributed to the accident.

Bitney also says Kressin couldn't have seen Zunker standing behind his squad car, because the LED lights were so bright that they created a wash-out effect. Zunker was not wearing a reflective vest when Kressin hit him, but Bitney says crash reconstructions showed the vest would not have made him more visible; Bitney says the LED’s also made it impossible to see the vest in the reconstructions.

Bitney says Kressin will be cited for inattentive driving and failure to change lanes for an emergency vehicle. He says Kressin told him she will not contest those citations. Watch NewsCenter 13 at Noon, 5 and 6 for updates.